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Judgment
Atkin, J.—Their Lordships are unable to grant this application. They have, and always would have, every consideration for an applicant who came and said that, without any fault on his part, the case had been heard ex parte; and, wherever he could Satisfy their Lordships that he could have put before them some considerations which might have affected their decision, they would no doubt be willing to give him an opportunity of being heard again ; but the present case, is a case which turns upon construction and upon construction only. The High Court, from which there was the '' appeal, after going carefully into all the arguments, adopted one construction and the Board had given a detailed judgment in which they had dealt with the points taken by the High Court and. had come to an opposite conclusion. It is not suggested that there is anything which could be said to the Board, if they did grant a further hearing, which had not been considered by the Board in giving their judgment on the previous hearing.
In those circumstances it seems to their Lordships that it would be improper to cause the parties to have another hearing which could only have exactly the same result.
Therefore their Lordships will humbly advise His Majesty that this application should be refused with costs.